State v. Reed

• Decision Date: 12 December 1928
• Docket Number: (No. 551.)
• Citation: 145 S.E. 691
• Parties: STATE. v. REED.
• Court: North Carolina Supreme Court

145 S.E. 691

(196 N.C. 357)

STATE.

v.REED.

(No. 551.)

Supreme Court of North Carolina.

Dec. 12, 1928.

Appeal from Superior Court, Buncombe County; Walter E. Moore, Judge.

Homer Reed was convicted of larceny, false pretense, and willful injury to personal property, and be appeals. Reversed.

The indictment for false pretense was as follows:

"The State of North Carolina, Buncombe County. Superior Court, June Term, 1928. The jurors for the state, upon their oaths present: That Homer Reed, late of the county of Buncombe, wickedly and feloniously devising and intending to cheat and defraud Clinton Litterell, on the 18th day of June, 1928, with force and arms, at and in the county aforesaid, unlawfully, knowingly, designedly, and feloniously did, unto Clinton Litterell, falsely pretend that he, Homer Reed, wanted to hire a certain automobile of Clinton Litterell to make a trip to Canton, North Carolina; whereas, in truth and in fact Homer Reed did not want to make a trip to said town, but went to Turkey Creek in Buncombe county, North Carolina, taking said automo-bile of Clinton Litterell and at a later time returned said automobile to Clinton Litterell the owner thereof, having done considerable damage to said automobile; said car being damaged and repair bill on same being $92.00, which Clinton Litterell is responsible for to the repair shop where he had said car repaired.

"By means of which said false pretense, he the said Homer Reed, knowingly, designedly and feloniously did then and there obtain from said Clinton Litterell, the following goods and things of value, to wit, one automobile of the value of $200, and the sum of $92.00, with intent then and there to defraud, against the statute in such case made and provided and against the peace and dignity of the state."

The evidence tends to show that the defendant hired an automobile from Clinton Littrell for approximately 3 hours, to go from Newfound to Canton, a distance of about 20 miles; that instead of going to Canton the defendant went to Asheville, a distance of about 14 miles; that the defendant did not return the car at the time agreed upon; and that, when he did return it, the car was in a badly damaged condition.

Verdict: Guilty on all three charges.

From the judgments pronounced on the verdict, 12 months on each of the first two charges, and 6 months on the last, the defendant appeals, assigning errors.

Thos. A. Curry, of Asheville, for appellant.

D. G. Brummitt, Atty. Gen., and Frank Nash, Asst....